Laserfiche WebLink
<br />88- 103752 <br /> <br />Insurance premiums, ground rents, and all other charges whatsoever levied upon or assessed, placed or made against the Trust <br />Property. Trustor further agrees, upon written request by Beneficiary. to promptly deliver to Beneficiary all receipts for the payment of <br />such charges. Trustor likewise agrees to pay all taxes, assessments and other charges levied upon or assessed, placed or made <br />against, or measured by, this Deed of Trust or the recordation hereof. <br /> <br />5. Application of Payments. All payments received by Beneficiary as to any debt. liability or obligation owed to Beneficiary by Trustor <br />may be applied by Beneficiary to ihs payment of the tndebtedness or to any such other debt, liability or obligation, in any order or <br />manner of appfication which Beneficiary, in its absolute dlscrelfon, deems appropriate, Unless otherwise elected by Beneficiary. any <br />such payment shall be deemed applied first to the payment of any debt, liability or obligation other than the Note. <br /> <br />6. Charges; Uens. Trustor will keep the Trust Property free from all liens and encumbrances which In any way may, in the Judgment of <br />Beneficiary, have priority over, or Impair the security of, this Deed of Trust but Trustor need not discharge any such lien so long as <br />Trustor shall agree, In writing, to pay the obligation secured by such lien In a manner acceptable to Beneficiary and shall in good faith <br />contest such lien by appropriate legal proceedings effective to prevent the enforcement of the lien and the loss of any Interest in or <br />part of the Trust Property. <br /> <br />7, Hazard Insurance. Trustor shall keep the buildings and other improvements now existing or hereafter erected on the Trust Property <br />Insured by Insurance carriers satisfactory to Beneficiary against loss by fire. hazards included In the term "extended coverage" and <br />such other hazards, cesualties and contingencies as mey be required by Beneficiary, in such amounts and for such periods as may be <br />required by Beneficiary. The policy of Insurance shall be In Iorm acceptable to Beneficiary. provide that the same may not be <br />cancelleo or modified without fifteen (15) days prior wntten notice to Benaflclary, and shall have loss payable provisions in favor of and <br />In form acceptable to Beneficiary, All premiums on insurance policies shall be paid in the manner provided under paragraph 4 hereof <br />or, If not paid in such manner. by Trustor making payment at least fifteen (15) days prior to the due date, directly to the insurance <br />carrier. Beneficiary shall have the right to hold the policies and renewals thereof and Trustor shall promptly fumish to Beneficiary all <br />renewal not/cell and all paid premium receipts received by It. In no event shall Beneficiary or Trustee be held responsible for failure to <br />pay Insurance premiums or for any loss or damage arising out of a defect In any policy or erislng out of any failure of any insurance <br />company to pay for any loss or damage insurad against or lor failure by Trustor to effect the Insurance required heraunder. In the event <br />of loss, Trustor shall give prompt notice by mail to the insurance carrier and Beneficiary. Beneficiary may make proof of loss if not <br />made promptly or in propar fann by Trustor. All policies of insurance and any and all refunds of unearned premiums are hereby <br />assigned to Beneficiary as additional security lor the payment of the Indebtedness. In the event of Beneficiary's exercise of the power <br />of sale contained herein. or In the event of foreclosure. all right, title and interest of Trustor In and to any insurance policy then in force <br />shalf pass to the purchaser at the /rustee's sale or foreclosure sale. In case of any loss, the insurance proceeds may, at the option of <br />Beneficiary. be applied by Beneficiary upon the Indebtedness. or any part thereof, and in such order and amount as Beneficiary may <br />determine; or said insurance proceeds, at the option of Beneficiary. may either be used in replacing or restoring the Trust Property <br />partially or totally destroyed to a condition satisfactory to BenefiCIary; or said Insurance proceeds, or any portion thereof. may be <br />released to Trustor. Untess Beneficiary and Trustor otherwise agree in wnting. any such application of Insurance proceeds shall not <br />extend or postpone the due date of the Note, or any Installments called for therein, or change the amount of such Installments. If the <br />Trust Property is acquired by Beneficiary pursuant to the exercise of the power of sale or other Ioreclosure, all right, tllfe and interest of <br />Trustor in and to any insurance proceeds payeble es a resul! 01 damage to the Trust Property prior to the sale or acquisition shall pass <br />to Baneflclary and shall be applied first to the costs and expenses. Inctuding attorney foes, incurred in collecting such proceeds, then <br />In the manner and in the order provided herein <br /> <br />8_ Preservation and ""air tenance of Trust Property. Trustor wlli keep the bUildings and other improvements now or hereafter erected on <br />the Trust Property In good repBJr and condition and will not commIt or permit waste, will not alter the deSign or structural character <br />constJtuting any building now or hereafter erected on and constituting the Trust Property without the prior written consent of <br />Bell6f1ciary, will nol do any act or thing WhIch would unduly Impair or depreciate the value of the Trust Property and will not abandon <br />the Trust Property. Trustor will not r8fflOVIl any fixtures constituting the Trust Property unless the same are immediately replaced with <br />like property subject to the lien and secUrity interest 01 thIS Dead of Trust and of at least 9qual value and utility. Trustor will comply with <br />all present and future ordinances. regulations and requirements of any govemmtmtal body which are epplicable to the Trust Property <br />and to the occupancy and use ther90f. If this Deed of Trust Is on a Ulllt in a condominium or a planned unit development. Trustor shafl <br />perform all of Trustor's obligations under the cJaclaratlons or covenants creating or governing the condominium or the planned unit <br />development. the bylaws and regulations of IfuJ condominIum or planned unil development, and the constituent documents, <br /> <br />g. Inspection. Beneficiary or its agents may. 81 all reasonable times. entf/f upon the Trust Property for the purpose of Inspection. <br />Beneficiary shall fuJVIl no duty to malee such InSpecllon and shall not be liable to Trustor or to any person In possession If It makes or <br />fails to make any such mspection <br /> <br />to. Protection of Security. If Trustor fllils to perlorm any 01 tho covenants and agreements contained in this Deed of Trust, or if any action <br />or proceeding IS commenced whiCh does or may adversaly affect the Trust Property or the Interest of Trustor or Beneficiary therein or <br />the IifIe of Trustor /hf/f8to, then BeneflClary. at Its opt/Ofl, may perlorm such convenants and agreements. make such appearances, <br />defend against and Investigate such action or proceedmg and take such other action as BenefiCiary deems necessary to protect its <br />interesl including. but not limited to. disbursement 01 reasonable attorney lees and entry upon the Trust Property 10 make repairs. Any <br />amounts disbursed by BeneficlSTy pursuant to thIS paragraph 10, With in/erest thereon. shall constitute fndebtedness of Trustor <br />secured by this Dead of Trust. Unless Trustor and BenefiCIary agree to other terms 01 payment. such amounts shall be payable upon <br />notice from Beneflciary to Trustor requesting payment thereof. and shall bear Interest from the date 01 disbursement at the default rate, <br />If any, set forth In the Note. or otherwIse at the highest rate permitted by law Nothmg contained m Ihls paragraph shall require <br />Beneficiary to incur eny expense or take any action hereunder Trustor Ifrevocably authonzes and empowers BenefiCiary to enter upon <br />the Trust Property as TruslOr's aganl and, In Trustor's name or otherwIse 10 perlorm any and all covenants and agreements to be <br />performed by Trustor as herem proVIded. BenefiCIary shall, at ItS oplion. be subrogated to any 'Incumbrance. flen. claim or demand <br />and to all rights and securities lor the payment /hereof patd or dIScharged by Beneflclary under Ihe provisions hereof and any such <br />SUbroglltion nghts shall be additiooal and cumu/a/Jve secunty for /hIS Deed of Trust <br /> <br />11 Condemnlltion. The proceeds of any award or clatm for damages. dlrecl or consequentIBl, in connection with any condemnation or <br />other taking of the Trust Property. or any part thereof. or for conveyance In lieu of or in anticipation of condemnation. are hereby <br />assig".a to and shIIIl be paid to Beneficiary, Trustor wlfl file and prosecule, in good faith and with due diligence. ilS claim for any such <br />_erd or paymon/. and wifl cause Ihe same to be collected and paid to Beneficiary, and. should it fall to do so, Trustor irrevocably <br />authortzes and empowers Beneficiary. In the name of Trustor or otherwise. to file, prosecute. settle or compromise any such claim and <br />to collect. rf/C8Ipt for and retain the proceeds. If the Trusl Property 's abandoned by Trustor. or, after notice by Beneficiary 10 Trustor <br />that the condemnor offers to make an award or seltte a claim for damages, Trustor faifs to respond to Beneficiary Within thirty (30) days <br />aIIer the dale such notice Is mailed, Beneficiary ,s authorized to collect and apply the proceeds in the manner indicaled herein. The <br />proceed. of any award or claim may, after deducting all reasonable costs and expenses, including attorney fees, which may have <br />o..n Incrm.a by Beneficiary In the cotlectlon thereof, at the sole discretion of Brmeficlary. be refaased 10 Trustor. applied to <br />I'NIof1l1lon of Trust Property, or appfied to the paymf/fll 01 the Indebtedness Unless BenefiCiary and Trustor otherwise agree In wnting. <br />anI' such 1Ipp/Icll/Jon of proceeds to Indebtedness shall not axtend or postpone the due date 01 the Note or the payment of any <br />IMlallments called for thereunder, <br /> <br />t 2. Trustor Not Relnnd. Extension of the time for peyment or modification of any amortlzallon 01 the Indebtedness granted by BenefICiary <br />to any IUcce.JOt In InterMt of Trustor shall not operate 10 raloase, in any manner, the liabIlity of Trustor and Trustor's successors m <br />Im_t. 8fHIeflcitlry sfuJlI nol be required to commence proceedings against such successor or refuse to extend tIme 10' paymenr or <br />om.rwt.e modify amorttZtltlon of the Indebtedness by 'eason of /Jny demand made by Trusto, ar.d Trustor's successors <br />in In""'" <br /> <br />'3 FlnMlClai /nJonntltkln, Upon request of Beneficiary, Trustor Will prOVIde 10 BenefiCiary, wlthm nlnely (90) days 01 the close 01 each flscal <br />...., 01 Truslor, the consoildtltffd balance sheer and statemenr 01 earnings 01 Truslor and any and all gll/lrantors 01 /I,e Indebtedness <br />t<<ured hereby. If .ny. and WI" pfllv/de and deliver ro Benellclary sucll Ollie' finanCial Inlo,maFlon and m SUCll manne, as Senel'cllIry <br />may r.aJOOab/y request from time to lime <br /> <br />'" Ftnenc'lII COVtInllflrs In IJddltlOn to any othfJ, f1nlJnclal COVflnanls 01 Trustor made In any ome, lIgme'nfmf, I1lst,ume,,' 0' doclI'mlllt <br />r'Ultor willi comply wllh and shllll c.lUse any and a/l fJuartflllors of rile Indebtednoss secu'ed lIe'eby to comply w"II. or bo tn <br />campl/.ocfl wlrh. /t.e loIloWlng flmmc/al covenanls (This parag,apl, sllall not applv II covvnanls nnc1 reql/lrem""ls 11'" "ot so, <br />/oI1h "'r8ln I <br /> <br />lIS Sch8dulfl 0/ LlJs... Will'," len (to) d8YS "lto, doma'l(j, T'"stor slla/l/umlsh to Sono/IClary /I scllf>.111In ,wT"'I',I'I' I,v "'ISI.>! '''""'9 <br />IoI1.h 41J Jo.S4JI:t 01 rh" r'ust Propflrfy, OIlJny porbon IhofOOf. mcludmQ In (filch CH!HI. the namfl 0' fflfl torlI1f11.... pr cll'f.ClP,,"t~ ... rlt}~c"pt}("l <br />cI"", Jp.Ct1 OCCU{JlfJ(j lh' ,oct, r.nillll or OCCupltf11. 'ft" ("",1" tJB'Ydb/~ for ~uc:h 'SlJDCP ltnd 'ill('h l\f'WI Inform/'flll" IIftt1.t04 lIm,lnr~ WIth <br />ffUt~ecl'o J'uch ".J18!J and fenllllCI,,,;t 'u E.HmehclI'ry "'"Y '''ilSOIISIJly '''(lIJ')!51 <br />